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Acts and Regulations
2024, c.1
- Consumer Protection Act
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Consumer Protection Act
1
DEFINITIONS, INTERPRETATION AND APPLICATION
1
Definitions
2
Carrying on business in the Province
3
Associates
4
Non-application of Act
5
Exemptions
6
Waiver or release of rights under this Act or the regulations
7
Other remedies not precluded
2
UNFAIR PRACTICES
8
Definitions
9
Application
10
Unfair practices
11
Prohibition on engaging in an unfair practice
12
Prohibition on advertisements containing unfair practices
13
Circumstances surrounding an unfair practice
14
Cancellation when there has been an unfair practice
15
Notice
16
Application to Court of King’s Bench – unfair practices
17
Application to Small Claims Court – unfair practices
18
Powers of the court
19
Notice to the Director
20
Liability
3
UNSOLICITED GOODS OR SERVICES
21
Definitions
22
Application
23
No obligations in respect of unsolicited goods or services
24
Material change in ongoing consumer transaction
25
Remedy – refund for unsolicited goods or services
4
CONSUMER AGREEMENTS
Division A
Definitions and Interpretation
26
Definitions
27
Interpretation of “rewards points”
Division B
Distance Sales Contracts andInternet Sales Contracts
28
Application
29
Requirements – distance sales contracts
30
Requirements – internet sales contracts
31
Cancellation
32
Notice of cancellation
33
Power of the Court of King’s Bench to provide relief against cancellation
34
Effect of cancellation
35
Obligations on cancellation
36
Consumer recourse – action for debt
37
Consumer recourse – request to reverse or cancel credit card charges
Division C
Future Performance Contracts
38
Application
39
Requirements
40
Cancellation
41
Notice of cancellation
42
Power of the Court of King’s Bench to provide relief against cancellation
43
Effect of cancellation
44
Obligations on cancellation
45
Consumer recourse – action for debt
46
Cancellation of pre-authorized payments
47
Consumer recourse – request to reverse or cancel credit card charges
Division D
Personal Development Services Contracts
48
Application
49
Requirements
50
Contract void if term exceeded
51
Payment and refunds
52
Agreements and permissions – alternative facilities
53
Renewals
54
Cancellation – cooling-off period
55
Notice of cancellation
56
Effect of cancellation
57
Obligations on cancellation
58
Supplier prohibited from entering or renegotiating contract before giving refund
59
Consumer recourse – action for debt
60
Limit of one personal services development contract
61
Initiation fees
Division E
Gift Cards
62
Application
63
No expiry date
64
Limit on fees
65
Refund of balance on gift card
66
Disclosure of information
Division F
Rewards Points
67
Application
68
Disclosure of information before entering agreement
69
Expiry of rewards points
70
Termination of rewards points agreements
71
Unilateral amendments to rewards points agreements
72
Provision of rewards points agreement unenforceable
5
DIRECT SELLERS
73
Definitions
74
Application
75
Supplier deemed to be a direct seller
76
Licensing
77
Identification requirements – salespersons who don’t hold licences
78
Requirement to produce licence or identification card on request
79
Requirements for direct sales contracts
80
Requirement for a lease that is a direct sales contract
81
Requirement to provide copy of direct sales contract
82
Assignment of direct sales contract
83
Cancellation
84
Notice of cancellation
85
Obligations on cancellation
86
Soliciting at consumer’s dwelling requires prior request
87
Requirements – gifts, premiums, prizes or other benefits
88
Prohibition – incentives to solicit others
89
Prohibition – direct selling of noncompliant goods or services
90
Onus of proof
91
Direct sales contract for several items
92
Suppliers to provide information re direct sales contracts
6
COST OF CREDIT DISCLOSURE
Division A
Definitions, Interpretation and Application
93
Definitions
94
Interpretation of “cash price”
95
Interpretation of “goods or services”
96
Value received and value given
97
Statement of purpose for entering credit agreement or lease
98
Application
Division B
Registration
99
Mandatory registration
100
Application for registration
101
Effect of withdrawal, suspension or cancellation of registration
102
Terms and conditions imposed on registration
103
Documents to be provided to the Director
104
Suspension or cancellation of registration
105
Mandatory cancellation of registration
106
Notice of cancellation of registration
107
Address for service and membership of partnership
Division C
Disclosure Requirements and Rights of Borrowers and Lessees
108
Delivery of initial disclosure statement
109
Disclosure in advertisements
110
Form of disclosure statements and statements of account
111
Delivery of documents by credit grantors or lessors
112
Estimates and assumptions
113
Borrower or lessee may choose insurer
114
Cancellation – optional services
115
Prepayment
116
Default charges
117
Invitation to defer payment
Division D
Credit Brokers
118
Credit brokers and non-business credit grantors
119
Credit brokers and business credit grantors
Division E
Fixed Credit
120
Application
121
Credit sales
122
Advertising for fixed credit
123
Advertising interest-free periods
124
Initial disclosure statement for fixed credit
125
Disclosure regarding changes in interest rate
126
Disclosure regarding increases in outstanding principal
127
Disclosure regarding amendment
128
Disclosure regarding renewal of a credit agreement in relation to a mortgage loan
129
Disclosure regarding renewal of a credit agreement not in relation to a mortgage loan
Division F
Open Credit
130
Application
131
Advertising for open credit
132
Advertising interest-free periods
133
Initial disclosure statement for open credit
134
Statements of account
135
Credit card may only be issued on application
136
Application for credit card
137
Additional disclosure for credit card
138
Liability of credit card holder
Division G
Lease of Goods
139
Definitions
140
Advertisement for lease
141
Initial disclosure statement for lease
142
Disclosure regarding amendment
143
Maximum liability under residual obligation lease
Division H
General
144
Provision of security by credit grantor, lessor or credit broker
145
Assignees
7
HIGH-COST CREDIT PRODUCTS
Division A
Definitions, Interpretation and Application
146
Definitions
147
Interpretation of “cash price”
148
Interpretation of “goods or services”
149
Value received and value given
150
Statement of purpose for entering high-cost credit agreement or lease
151
Application
Division B
Licensing
152
Licence required
Division C
Disclosure Requirements and Rights of Borrowers and Lessees
153
High-cost credit agreements and leases
154
Renewals, extensions or amendments
155
Guidelines
156
Inconsistency between disclosure statement and high-cost credit agreement or lease
157
Delivery of initial disclosure statement
158
Disclosure in advertisements
159
Form of disclosure statements and statements of account
160
Delivery of documents by high-cost credit grantors or lessors
161
Estimates and assumptions
162
Borrower or lessee may choose insurer
163
Cancellation – high-cost credit agreement
164
Cancellation – optional services
165
Prepayment
166
Default charges
167
Invitation to defer payment
168
Information to be posted
Division D
Cash Cards
169
Payout of balances on cash cards
Division E
Prohibited Practices and Remedies
170
Assisting unlicensed persons prohibited
171
Charging, requiring or accepting certain amounts prohibited
172
Early payment collection prohibited
173
Discounts on principal prohibited
174
Tied selling prohibited
175
Assignment of wages prohibited
176
Other prohibited practices
177
No liability for amounts charged, required or accepted in contravention of this Part
Division F
Credit Brokers
178
Credit brokers and non-business high-cost credit grantors
179
Credit brokers and business high-cost credit grantors
Division G
Fixed Credit
180
Application
181
Credit sales
182
Advertising for fixed credit
183
Advertising interest-free periods
184
Initial disclosure statement for fixed credit
185
Disclosure regarding changes in interest rate
186
Disclosure regarding increases in outstanding principal
187
Disclosure regarding amendment
188
Disclosure regarding renewal of a high-cost credit agreement
Division H
Open Credit
189
Application
190
Advertising for open credit
191
Advertising interest-free periods
192
Initial disclosure statement for open credit
193
Statements of account
194
Credit card may only be issued on application
195
Application for credit card
196
Additional disclosure for credit card
197
Liability of credit card holder
Division I
Lease of Goods
198
Definitions
199
Advertisement for lease
200
Initial disclosure statement for lease
201
Disclosure regarding amendment
202
Maximum liability under residual obligation lease
Division J
General
203
Provision of information
204
Late fees
205
Minimum working capital
206
Joint liability
207
Assignees
208
Recommendations to Minister
8
PAYDAY LOANS
Division A
Definitions, Interpretation and Application
209
Definitions
210
Value received and value given
211
Statement of purpose for entering payday loan agreement
212
Application
Division B
Licensing
213
Licence required
Division C
Payday Loan Agreements, Disclosure Requirements and Rights of Borrowers
214
Payday loan agreements
215
Guidelines
216
Disclosure in advertisements
217
Advertising for fixed credit
218
Cancellation – payday loans
219
Cancellation – optional services
220
Prepayment
221
Information to be posted
Division D
Cash Cards
222
Payout of balances on cash cards
Division E
Prohibited Practices and Remedies
223
Assisting unlicensed persons prohibited
224
Exceeding maximum total cost of credit prohibited
225
Taking security prohibited
226
Tied selling prohibited
227
Rollovers prohibited
228
Concurrent payday loans prohibited
229
Payday loans exceeding maximum credit prohibited
230
Default penalties prohibited unless authorized by regulation
231
Assignment of wages prohibited
232
Other prohibited practices
Division F
General
233
Provision of information
234
Late fees
235
Minimum working capital
236
Joint liability
237
Recommendations to the Lieutenant-Governor in Council
238
Recommendations to Minister
9
GOVERNMENT CHEQUE CASHING FEES
239
Government cheque cashing fees
10
COLLECTIONS AND DEBT SETTLEMENT SERVICES
240
Definitions
241
Non-application
242
Licence required
243
Use of unlicensed collection agency prohibited
244
Prohibited representations
245
Requirements – debt settlement services agreement
246
Cancellation of debt settlement services agreement
247
Notice of cancellation and obligations on cancellation
248
Restrictions on payments for debt settlement services
249
Prohibited activities
250
Refusal to accept settlement
11
CREDIT REPORTING SERVICES
Division A
Definitions
251
Definitions
Division B
Credit Reporting
252
Licence required
253
Information in the files of a credit reporting agency
254
Requirements – credit reports
255
Consent
256
Publication of policies
257
Communication with credit reporting agencies
258
Notice to consumer of adverse impact of credit report
259
Clarity of information
260
Right of consumer to disclosure
261
Correction of errors
262
Consumer’s statement of dispute
263
Security alert statements
Division C
Credit Repair
264
Requirements – agreements for credit repair
265
Advance payments prohibited
266
Cancellation
267
Notice of cancellation and obligations on cancellation
268
Officers and directors
269
Prohibited representations
Division D
General
270
Complaints
271
Information respecting complaint
272
Order by Director
12
LICENCES
273
Application
274
Requirements – application for licence
275
Additional requirements – application for salesperson’s licence
276
Additional requirements – application for high-cost credit business licence or payday lender licence
277
Additional requirements – application for collector licence
278
Director may require additional information or material
279
Issuance or renewal of licence
280
Terms and conditions on licence
281
Requirement to comply with terms and conditions
282
Refusal to issue licence
283
Refusal to renew or suspension or cancellation
284
Cancellation of licence at licence holder’s request
285
Automatic suspension – failure to maintain a bond or other form of security
286
Automatic suspension – failure to maintain working capital
287
Automatic suspension – salesperson’s licences
288
Automatic suspension – collector licences
289
Effect of suspension or cancellation
290
Application for licence after refusal or cancellation
291
Change in circumstances
292
Director’s signature on licence
293
Expiry of licences
294
Licence is not transferable or assignable
295
Register of licence holders
13
RECORD KEEPING, ADVERTISING, COMPLIANCE REVIEWS AND ADMINISTRATIVE PENALTIES
Division A
Definitions
296
Definitions
Division B
Record Keeping and Advertising
297
Record keeping
298
False or misleading advertisement
Division C
Compliance Reviews
299
Compliance officers – appointment
300
Compliance review
301
Removal of documents
302
Misleading statements
303
Obstruction
Division D
Administrative Penalties
304
Administrative penalty officers – appointment
305
Administrative penalty
306
Maximum amount of administrative penalty
307
Determination of amount of administrative penalty
308
Notice of administrative penalty
309
Withdrawal of notice of administrative penalty
310
Time for paying or disputing administrative penalty
311
Extension of time for paying administrative penalty
312
Review of administrative penalty
313
Administrative penalty payable to Commission
314
Filing notice or decision – Court of King’s Bench
315
Misleading statements
14
INVESTIGATIONS
316
Provision of information to Director
317
Investigation order
318
Powers of investigator
319
Power to compel evidence
320
Investigators authorized as peace officers
321
Seized property
322
Report of investigation
323
Prohibition against disclosure
324
Non-compellability
15
ENFORCEMENT
325
Offences generally
326
Compensation or restitution orders
327
Misleading or untrue statements
328
Interim preservation of property
329
Orders in the public interest
330
Administrative penalty
331
Directors and officers
332
Resolution of administrative proceedings
333
Limitation period
334
Evidence re offence under section 135 or 194
335
Certificate evidence
16
MISCELLANEOUS AND GENERAL
336
Definitions
337
Appeal to Tribunal
338
Application to Court of King’s Bench – damage or losses arising from failure to comply with this Act or the regulations
339
Application to Small Claims Court – damage or losses arising from failure to comply with this Act or the regulations
340
Publication of court orders, judgments or other relief
341
Publication of information by Director
342
Service of notices and other documents by the Director
343
Advertisements in relation to regulated activities
344
Publication of reviews
345
Documents to be clear and concise
346
Supplier obligations – information disclosed or provided to consumers
347
Ambiguous provisions or statements in agreements
348
Cancellation of pre-authorized payments under an agreement
349
Agreements – prohibitions re applicable law and court
350
Agreements – provisions for more than one type of agreement may apply
351
Vicarious liability
352
Immunity – complaint or assistance with compliance review or investigation
353
Prohibited representations
354
Conflict with the Right to Information and Protection of Privacy Act
355
Determinations of application of Act
356
No derogation from other rights or remedies
357
No derogation from power or jurisdiction of court
358
Administration
359
Regulations and rules
360
Notice and publication of rules
361
Changes by Secretary of the Commission
362
Consolidated rules
17
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEALS AND COMMENCEMENT
363
Continued application of the Gift Cards Act and regulation under that Act
364
Registrations under the Cost of Credit Disclosure and Payday Loans Act
365
High-cost credit products under the Cost of Credit Disclosure and Payday Loans Act
366
Licences issued under repealed Acts
367
Bonds or other security provided under repealed Acts
368
Decisions, orders and proceedings under repealed Acts
369
Appointments under repealed Acts
370
Consumer Product Warranty and Liability Act
371
Financial and Consumer Services Commission Act
372
Pre-arranged Funeral Services Act
373
Regulation under the Pre-arranged Funeral Services Act
374
Sheriffs Act
375
Repeal of the Auctioneers Licence Act
376
Repeal of the Collection and Debt Settlement Services Act
377
Repeal of regulation under the Collection and Debt Settlement Services Act
378
Repeal of the Cost of Credit Disclosure and Payday Loans Act
379
Repeal of regulations under the Cost of Credit Disclosure and Payday Loans Act
380
Repeal of the Credit Reporting Services Act
381
Repeal of the Direct Sellers Act
382
Repeal of regulation under the Direct Sellers Act
383
Repeal of the Gift Cards Act
384
Repeal of regulation under the Gift Cards Act
385
Commencement
SCHEDULE A
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